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(영문) 서울고등법원 2017.08.29 2016나2082158
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. Of the costs of appeal, the part pertaining to the intervention is the Intervenor joining the Defendant.

Reasons

1. The grounds for the judgment of the court of first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the court of first instance

However, some of the following are reviewed or added, and the arguments in this Court of the defendant and the Intervenor joining the defendant, dopco Co., Ltd. are further examined:

[Supplementary intervenor, dopco, Co., Ltd., Ltd., Ltd.) in 3th six parallels of the judgment of the court of first instance (hereinafter referred to as the “Supplementary intervenor, dopco”) shall be incorporated into the Defendant, dopco (hereinafter referred to as the “participating”).

The 4th 8th letter of the first instance judgment " October 20, 2010." shall be applied to " October 20, 2015."

The 5th 6th 6th son of the first instance judgment "Defendant" shall be added to "Plaintiff".

The 5th and 8th of the judgment of the first instance court "the defendant" shall be added to "the plaintiff".

The "1 and the second fire transfer" of two and nine parallels below the 8th judgment of the first instance shall be made in the form of "the first fire transfer".

The 2 to 10 pages of the first instance judgment shall be followed by the following:

Furthermore, according to the evidence mentioned above, Gap evidence and the purport of Gap evidence evidence and the whole arguments, the defendant's regular Dratium present at the court of first instance as witness, and stated that "the defendant attempted to conclude a merz fire and insurance contract before entering into the insurance contract of this case, but the defendant's representative director G rejected the insurance company's refusal because there are many fire accidents caused by waste synthetic resin, etc.," and the defendant's representative director G responded to the claims adjuster on November 5, 2015, that "the end of the waste industry from the time of operating the factory of this case, is well natural combustion, and must always be judged," and it is acknowledged that the defendant's regular Dratium stated that "the reason why the factory of this case was operated continuously for 24 hours during the time of operation of the factory of this case," and that this case's statement was made to the effect that "the purpose of preventing fire was significantly high."

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